Fisher v. Texas argument

October 10, 2012

Seems to have gone about as I expected. Unless John Roberts decides that racial discrimination is a tax on Asians, affirmative action will be significantly restricted, though not outlawed.

Exchange of the day:

JUSTICE KENNEDY: So what you’re saying is that what counts is race above all.

MR. GARRE: No, Your Honor, what counts is different experiences –

JUSTICE KENNEDY: Well, that’s the necessary — that’s the necessary response to Justice Alito’s question.

MR. GARRE: Well, Your Honor, what we want is different experiences that are going to — that are going to come on campus –

JUSTICE KENNEDY: You want underprivileged of a certain race and privileged of a certain race. So that’s race.

18 Responses to Fisher v. Texas argument

  1. Tim on October 10, 2012 at 1:10 pm

    What happens at oral arguement and what written 0pinion(s) and dissent(s) say are two differant things. If you are relying on Roberts doing anything that will cause him trouble with the NY times much less liberal con law profs, you are relying on a wish and a prayer.

    Roberts knows it will never be there kid or nephew or neice or grand kid that gets denied admission to some school in the name of diversity. So he has zero incentive to vote except in the manner that most enhaces his “reputation”.

    • Strider on October 10, 2012 at 1:38 pm

      Agree. Scalia should just openly declare: “who cares what the f*ck the Constitution says, let’s just poll the cocktail party set for their take and go from there.”

  2. IP727 on October 10, 2012 at 1:44 pm

    Quisling roberts porked us once before, he can do it again.

  3. Hillbilly Deluxe on October 10, 2012 at 2:31 pm

    I keep warnung you folks but in your smug self-certainty, you choose to ignore that Romney is a weasel. This is three flip-flops and counting. And they’l keep coming.

    For the third time in a week, Mitt Romney has taken a prominent U-turn on something that’s supposed to be a matter of fundamental principles. This time, he tacked back to the center on abortion — risking reviving the original and potentially most damaging rap against Romney: He stands for nothing.

    He first tested how far he can stray from party orthodoxy on taxes and health care by dangling the promise of being able to beat President Barack Obama. Then, on Tuesday, Romney told The Des Moines Register that “there’s no legislation with regards to abortion that I’m familiar with that would become part of my agenda.”

    At a time when Romney’s family is urging his campaign to “let Mitt be Mitt,” the rush of recent reversals suggests that moderate Mitt is the one he’s most comfortable with…

    • allie on October 10, 2012 at 2:36 pm

      Yes but at least he won’t appoint a “wise Latina” to the Supreme Court. YOu know Obama will appoint the most liberal justice he can find. Obama can “evolve” his positions but Romney cannot????????

    • Arizona CJ on October 10, 2012 at 4:02 pm

      So, with fiscal disaster to avert, government to trim, and no end of other critical tasks to do, Romney doesn’t plan on squandering political capital by launching into a fight to ram through abortion legislation that probably wouldn’t be legal anyway?

      What a shocking, appalling case of common sense! I can understand, given the dearth of common sense in the white house these last four years, why seeing it might be shocking to you, but there it is.

      And even for those who have banning abortion as a core issue, I hardly think they’d prefer Obama over Romney on the issue.

      Are there some things about Romney I don’t like? Sure. He’s nowhere near the budget-cutter I’d prefer, for one. But he’s not Obama, and that’d be enough for me to vote for him even if all he could do at the debates was stand there and mutter about his shoelaces.

    • MikeN on October 10, 2012 at 8:08 pm

      So what is wrong with that statement in your view? What legislation should he be supporting?

  4. Hillbilly Deluxe on October 10, 2012 at 2:47 pm

    Allie: You’re fooling yourself. Obama is a known quantity who hasn’t evolved. He is who and what he is. So is Romney but he’s been hiding his true self until recently. He has taken every position on every issue since he’s been in politics.

    • Jim,MtnViewCA,USA on October 10, 2012 at 2:54 pm

      The problem, HiDe, is that BHO is SO BAD amongst a Dem party OVERFLOWING with evil people, that we’ll vote for syphilitic camel before we vote for President Golfpants. Too bad, Mitt is WAY better than a poxed camel.
      Just take your comments and go back to Organizing for America Central.

  5. Hillbilly Deluxe on October 10, 2012 at 3:10 pm

    Jim,MtnViewCA: You’re rattled because you know I’m right. My hillbilly ass is yours to kiss whenever you’re ready.

  6. Earl on October 10, 2012 at 3:39 pm

    Hillbilly, You are such a pompous ass. “You know Im right” All you Paulbots think you’re right and no other opinion holds any validity. You’ve taken over from AUR as the resident Paultard. Jeez you’re such a D-bag

    • Brent on October 11, 2012 at 10:14 am

      Earl hits the nail on the head.

  7. Trent Telenko on October 10, 2012 at 6:30 pm

    The Supreme Court doesn’t matter on affirmative action anymore.

    Pres. Obama killed it by destroying white racial guilt.

  8. setnaffa on October 10, 2012 at 7:09 pm

    Too many Obamabots pretending to be Paulbots these days… Poli should open a window, get some fresh air in here…

  9. Hillbilly Deluxe on October 10, 2012 at 8:06 pm

    setnaffa: You’re also rattled because you know I’m right.

    • MikeN on October 11, 2012 at 6:43 am

      Still no answer as to what existing legislation Romney is aware of and should be supporting.

  10. MikeN on October 11, 2012 at 9:42 am

    Roberts will vote it down, it’s Kennedy that’s the problem. They could just pass the buck and say no standing.

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